Proposed Rule Changes for Sexual Assault Victims

The House Judiciary Committee recently approved House Bill 1264. House
Bill 1264 permits prosecutors to present expert testimony to a fact-finder
to "explain" an alleged sexual assault victim's "responses"
and "behavior."

Needless to say, I completely disagree with this legislation, if ratified
into law. It would essentially allow an expert called by the Commonwealth
to vouch for the demeanor, inconsistencies and
credibility of a victim that appears and acts "less than credibly" on the stand. The
jury is to be the sole fact-finder in assessing credibility from the witness
stand. Not an "expert."

An expert is generally one who has knowledge and/or experience beyond that
of a lay person. They can explain certain things through this knowledge
base, such as a doctor would explain the cause of death of a victim. A
credibility determination should not be placed into the hands of an expert.
It should remain completely with the jury.

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